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Food & Beverage
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February 24, 2025
Feds Fight Reinstatement Of Ousted Inspectors General
The Trump administration fired back at a lawsuit brought by eight inspectors general who were fired last month, telling a D.C. federal judge that federal law does not require the president to hold off on the terminations for 30 days after notifying Congress.
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February 24, 2025
UK Reinsurer Can't Challenge Tyson's Fire Coverage Ruling
A British reinsurer cannot challenge a decision barring it from pursuing arbitration in New York against the captive insurer for Tyson Foods in a coverage dispute stemming from a fire at an Alabama plant owned by the food giant, a London court ruled.
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February 24, 2025
Prior Deal Bars Wage Suit Against Manufacturer, Panel Says
A California appeals court declined to reinstate a wage and hour suit against a flavor manufacturing company, saying the case is blocked by a prior settlement resolving identical claims against the staffing firm that placed workers with the company.
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February 24, 2025
Justices Won't Review Overturned Slicer Patent Verdict
The U.S. Supreme Court on Monday rejected Provisur Technologies Inc.'s appeal arguing that its right to a jury trial was violated when the Federal Circuit overturned a jury verdict that Weber Inc. willfully infringed its food slicer patents in a $10.5 million case.
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February 21, 2025
9th Circ. Revives Atty's Ownership Claims Over Calif. Winery
A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.
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February 21, 2025
Dispute Over FDA Menthol Cigarette Ban Paused Until August
A California federal judge has agreed to pause a lawsuit alleging that federal health regulators slow-walked implementing a ban on menthol cigarettes while new leadership assumes control of the U.S. Department of Health and Human Services.
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February 21, 2025
NY Restaurant $725K Wage, Tip Deal Served Final OK
A federal judge approved a $725,000 deal to resolve a proposed class action accusing a New York City restaurant of stiffing service workers on wages and misapplying a tip credit to their overtime pay, according to a federal court filing.
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February 21, 2025
Stop & Shop, Ex-Manager Agree To End Long COVID Suit
A Connecticut federal judge on Friday agreed to dismiss a former Stop & Shop manager's lawsuit accusing the supermarket chain of firing him for taking medical leave due to long COVID-19 symptoms, one day after the parties said they wished to end litigation.
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February 21, 2025
Kroger Workers' $21M Pay System Outage Deal Gets First Nod
An Ohio federal judge preliminarily approved a $21 million deal between The Kroger Co. and a proposed class of around 47,000 workers who accused it of missing paychecks and making inaccurate deductions to their wages after it switched payroll systems.
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February 21, 2025
UK Sticks With Inheritance Tax Changes Amid Higher Revenue
A U.K. budget surplus, reported Friday, indicates that the Labour government shows no sign of compromising with its inheritance tax changes as tax receipts rise despite the implications for middle-class families and farmers.
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February 21, 2025
Freshfields Guides Celsius On $1.8B Alani Energy Brand Buy
Freshfields US LLP is advising Celsius Holdings Inc. on a new agreement to acquire Alani Nutrition for $1.8 billion, in a push from one of the leading U.S. energy drink companies to bolster its appeal to women and younger consumers.
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February 20, 2025
COVID Fraud Drove Record FCA Caseload, Gov't Officials Say
Federal officials said that the record-setting number of whistleblower False Claims Act cases filed in 2024 was likely driven by COVID-19-related fraud, with the use of data mining having an outsized role in those cases.
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February 20, 2025
McDonald's Gets Ex-Execs' 4th Depo, Some Fees In Bias Case
Two former McDonald's executives pursuing race bias claims against the fast-food giant must sit for a fourth deposition and pay certain costs after their attorneys produced more than 1,700 documents their previous counsel had failed to disclose in the case, an Illinois federal judge has said.
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February 20, 2025
DOJ Keeps Focus In Agri Stats Case Off Specific Data
A Minnesota federal magistrate judge refused Wednesday to force the U.S. Department of Justice to provide Agri Stats a line-by-line recitation of particular problematic data fields in the company's protein industry reports, finding the agency's explanations about how those reports can facilitate price-fixing are "adequately responsive."
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February 20, 2025
Green Groups Ask 9th Circ. To Press EPA Again On Atrazine
Environmental groups are urging the Ninth Circuit to reopen a long-running case against the U.S. Environmental Protection Agency over its regulation around the pesticide atrazine, arguing that the agency's yearslong delay in completing a court-ordered review of the chemical has allowed "serious harm to people, plants and wildlife."
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February 20, 2025
Publix Accused Of Overcharging Discounted Items In Fla. Suit
A customer has brought a proposed federal class-action lawsuit in Florida federal court against Publix Super Markets Inc. over alleged deceptive trade practices, saying the grocery store's point-of-sale system intentionally charged more for discounted items sold by weight.
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February 20, 2025
Nootropics Co. Can't Push Nurse's Suit To Arbitration
Makers of the Thesis brand of supplements can't push into arbitration a former U.S. Army nurse's lawsuit claiming its nootropics, sometimes called "smart drugs," secretly contained amphetamines, which caused her to fail a drug test and be booted from the military, a Washington federal judge has ruled.
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February 20, 2025
2nd Circ. Agrees Parts Of NY Ag Labor Law Can Stand
Portions of a New York agricultural labor law related to a card-check process for unionization and impasse arbitration can stand, the Second Circuit ruled, upholding a lower court's partial denial of an injunction bid from a farming group based on due process and other constitutional claims.
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February 19, 2025
Contractors' Group Asks DC Judge To Halt Gutting Of USAID
A group representing U.S. citizen personal services contractors working for the U.S. Agency for International Development is the latest to ask a federal judge to step in and block the Trump administration's push to gut the agency and its operations.
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February 19, 2025
Alaskan Village Says Its Immune From Residents' Casino Suit
An Alaskan Native village is asking a federal district court to dismiss a challenge by a group of Anchorage residents that seeks to block its plans for a 58,000-square-foot casino, arguing that it is a required party in the litigation that has not waived its sovereign immunity.
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February 19, 2025
Constellation Brands Faces Investor Suit Over Profit Slump
Alcoholic beverage company Constellation Brands Inc. has been hit with a proposed shareholder class action alleging it misled investors about attempts to revive its wine and spirits business, which were reportedly shown to be ineffective when the company announced quarterly earnings last month.
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February 19, 2025
Hemp Cos. Drop Suit Challenging Va. THC Regulations
A hemp product maker and retailer on Wednesday dropped their suit in federal court challenging a Virginia law restricting the sale of hemp-derived intoxicants a month after the Fourth Circuit affirmed that the law was not preempted by the 2018 Farm Bill that legalized the sale of industrial hemp.
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February 19, 2025
Farmworker Advocates Seek Block On DOL Visa Approvals
A farmworker union called on a Washington federal court to stop the U.S. Department of Labor from approving H-2A job orders that do not pay prevailing wages, arguing the practice depresses domestic wages.
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February 19, 2025
Syngenta, Corteva Can't Duck Ark. AG Antitrust Claims
An Arkansas federal judge refused Wednesday to toss the Arkansas attorney general's antitrust lawsuit accusing pesticide makers Syngenta and Corteva of using anti-competitive rebates that amount to exclusive agreements to suppress generics competition, rejecting the companies' jurisdictional challenges and finding that the antitrust claims are sufficiently pled to proceed.
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February 19, 2025
Fired Watchdogs 'Must Be Reinstated,' Senate Democrats Say
Senate Minority Leader Chuck Schumer, D-N.Y., and 28 other Senate Democrats have filed an amicus brief to support a lawsuit by eight of the inspectors general fired by President Donald Trump.
Expert Analysis
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What New Calif. Law Means For Cannabis Lounges
With a recently enacted California law authorizing licensed cannabis retailers and microbusinesses to prepare and sell noncannabis food and beverages, the door opens for a more sustainable business model — but challenges related to costs and liability remain, says Tracy Gallegos at Duane Morris.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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A View Into NY's New Business Interruption Insurance Law
In response to businesses' economic challenges during the pandemic, New York recently allowed the issuance of stand-alone business interruption insurance coverage, and while pricing and insurer participation questions remain, the product stands to benefit business owners and the state economy, say attorneys at Saxe Doernberger.
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How Boards And Officers Should Prep For New Trump Admin
In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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NLRB One-Two Punch Curbs Employer Anti-Organizing Tools
The National Labor Relations Board’s recent decisions in Siren Retail and Amazon, limiting employer speech about the impact of unionization and outlawing captive audience meetings, severely curtail employers' arsenal of tools to combat an organizing campaign — though this may soon change under a new administration, say attorneys at Benesch.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Defense Insights As PFAS Consumer Product Claims Rise
Amid the recent proliferation of lawsuits seeking damages for failure to disclose the presence of PFAS in consumer products, manufacturers, distributors and consumer product companies should follow the science and consider a significant flaw in many of the filings, say attorneys at Farella Braun.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Recent Listeria Outbreaks Hold Key Compliance Lessons
Listeria outbreaks in ready-to-eat foods from Boar's Head and other companies, and the U.S. Department of Agriculture and U.S. Food and Drug Administration responses to these outbreaks, should be closely evaluated from an overall compliance and risk management perspective by food manufacturers, retailers and industry investors, say attorneys at Kirkland.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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What Cos. Can Learn from Water Microplastics Class Actions
Class actions against companies whose bottled spring water allegedly contains microplastics, challenging claims such as "natural" and "100% spring water," seem to be drying up — but these cases serve as a good reminder to other businesses to review regulatory standards, and carefully vet plaintiff allegations at the outset, say attorneys at Keller and Heckman.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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What's Next For The CFTC After The Election
While much of the U.S. Commodity Futures Trading Commission's enforcement actions in line with its traditional priorities will continue as usual in the near term, postelection leadership changes at the CFTC and new congressional priorities may alter the commission's regulatory framework in 2025 and beyond — particularly its oversight of crypto, say attorneys at WilmerHale.